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|A Tale of Two Injunctions - A Comparison of Two Recent Competition Law Injunction Applications before the English Courts|
Jo Love, Becket McGrath; Edwards Wildman Palmer LLP;
November 18, 2013, previously published on November 18, 2013 It should never be easy to get an injunction, given the impact this can have on the business against which the injunction is awarded. On the other hand, the ability of a business to seek rapid relief from commercial conduct by a rival or supplier that threatens to have an irreversible impact is an...
|Admissions of Wrongdoing: The Final Frontier|
Heidi A. Wendel; Jones Day;
November 15, 2013, previously published on November 2013Admissions of wrongdoing are the final frontier in civil fraud settlements—that elusive element that purportedly makes the payment of even large settlement amounts more than "just a cost of doing business" for the defendant companies. Federal law enforcement agencies have repeatedly...
|Senate Approves Antitrust Anti-Retaliation Bill|
Todd N. Hutchison, Paul H. Saint-Antoine, Ronald A. Sarachan; Drinker Biddle & Reath LLP;
November 8, 2013, previously published on November 7, 2013Earlier this week, the Senate approved an anti-retaliation bill aimed at protecting whistleblowers that report or participate in investigations of violations of antitrust law. The proposed language of Senate Bill 42, or the Criminal Antitrust Anti-Retaliation Act of 2013 (CAARA), has the potential...
|What To Do - And What Not To Do - If You're Served With a Search Warrant|
Kent Wicker; Dressman Benzinger LaVelle psc;
November 8, 2013, previously published on Fall 2013The day starts like any other day. You get in early, earlier than most of your employees. Your work has barely started, though, when you get an unexpected visitor. Two agents in dark suits. Then two more, and a couple of officers in uniform. It seems like a dozen before they finish coming in. ...
|SEC Sheds Light on Its Pursuit of "Streamlined" Investigations|
Hillary S. Profita, Michael J. Rivera; Venable LLP;
November 7, 2013, previously published on November 2013Securities market participants and their counsel have fretted recently over the Securities and Exchange Commission’s (the Commission) new aggressive enforcement initiatives. In particular, in several recent speeches, Chairwoman Mary Jo White has warned that she intends for the Commission to...
|UK SFO Director Explains when Prosecution would be Unlikely to Follow a Self-Report|
Jamie Humphreys, Antonio Suarez-Martinez; Edwards Wildman Palmer LLP;
November 4, 2013, previously published on October 29, 2013In a recent talk, David Green QC, the director of the Serious Fraud Office (SFO), made a strong argument in favour of self-reporting and the changes that he had introduced when he replaced Richard Alderman. Last year, David Green withdrew the SFO’s guidance on self-reporting and clarified...
|What’s The State Of The CFTC Whistleblower Program?|
Michael J. Graham, Steven J. Pearlman; Proskauer Rose LLP;
October 31, 2013, previously published on October 29, 2013The SEC’s whistleblower program has received tremendous attention, but let’s not forget about the Commodity Futures Trading Commission’s (CFTC) whistleblower program, which also was created by Dodd-Frank. A recent article from the Risk & Compliance Journal of the Wall Street...
|$237,454,195 Judgment against Tuomey Healthcare System under False Claims Act|
October 29, 2013, previously published on October 17, 2013On September 30, 2013, the United States District Court for the District of South Carolina (the "District Court") ordered entry of judgment on a jury verdict against Tuomey Healthcare System ("Tuomey") in the amount of $237,454,195 in treble damages and civil money penalties...
|Importers Receive Severe Criminal Sentences in United States v. Chavez|
Sydney H. Mintzer, Jing Zhang; Mayer Brown LLP;
October 29, 2013, previously published on October 29, 2013In July 2012, the United States Department of Justice (DOJ) filed criminal charges in a California federal court accusing several individuals and business entities of evading customs duties on goods imported into the United States. On October 22, 2013, Gerardo Chavez, the main defendant in United...
|Diebold Resolves FCPA Charges for $48 Million|
Max B. Chester, Pamela L. Johnston, David W. Simon; Foley & Lardner LLP;
October 28, 2013, previously published on October 25, 2013On October 22, 2013, the U.S. Department of Justice (“DOJ”) and the Securities & Exchange Commission (“SEC”) announced their agreements with Diebold Inc. (“Diebold”) regarding probes into alleged bribery of foreign bank officials. The finalized agreements...